What to Do If You Are Charged With a Criminal Offence in the UK

What Does It Mean to Be Charged With a Criminal Offence?

Being charged means you have been formally accused of committing a criminal offence.

In many cases, the decision to charge is made following consultation with the Crown Prosecution Service (CPS). The CPS applies the Full Code Test, which considers whether: 

• There is sufficient evidence to provide a realistic prospect of conviction; and 
• Prosecution is in the public interest. 

Once you are charged, you become a defendant in criminal proceedings.

This does not mean you have been convicted. The prosecution must still prove the case in court.

What Happens After You Are Charged by the Police?

After charge, the police must decide whether you will be released or kept in custody until your first court hearing.

Being Released on Bail

Many defendants are released on bail after charge.

Bail means you can remain in the community while your case continues. You will be required to attend court on the date given to you.

These conditions can include: 

• Restrictions on contacting certain individuals 
• Residence requirements 
• Travel restrictions 
• Reporting to a police station 

Breaching bail conditions can lead to arrest and may affect whether you remain on bail.

Being Kept in Custody

In more serious cases, the police may decide to keep a person in custody until they appear before a court. 

This may occur if the police believe there is a risk that the individual may: 

• Fail to attend court 
• Commit further offences 
• Interfere with witnesses 
• Obstruct the course of justice 

The court will then decide whether bail should be granted or whether the defendant should remain in custody.

Receiving a Court Date

If you are charged, you will normally be given details of your first court hearing.

Most cases begin in the Magistrates’ Court. The timing may depend on whether you have been released on bail or kept in custody.

Your First Court Appearance After a Criminal Charge

The first court appearance is an important stage in the criminal process. 

The court will confirm: 

• The charge 
• The defendant’s details 
• Whether a plea is entered 
• The next steps in the case 

Magistrates’ Court Proceedings

Many criminal offences are dealt with entirely in the Magistrates’ Court. 

This includes summary-only offences and some either-way offences.

The Magistrates’ Court will consider: 

• The seriousness of the offence 
• The defendant’s plea 
• Whether the case should remain in the Magistrates’ Court or be sent to the Crown Court. 

Crown Court Cases

More serious offences are heard in the Crown Court. 

Crown Court cases may involve: 

• Jury trials 
• More complex evidence 
• Higher sentencing powers 

If your case is sent to the Crown Court, your solicitor will explain the process and help prepare your defence.

Possible Outcomes After Being Charged

There are several possible outcomes in a criminal case. 

Case Discontinued

In some situations, the prosecution may decide to discontinue the case if there is insufficient evidence to proceed. 

Guilty Plea

A defendant may choose to plead guilty if they accept the allegation. 

Courts may consider sentencing guidelines when determining penalties.

Not Guilty Plea and Trial

If a defendant pleads not guilty, the case will proceed to trial. 

During the trial: 

• The prosecution presents evidence 
• Witnesses may be cross-examined 
• The defence can challenge the case 

If the prosecution does not prove the case, you should be found not guilty.

Why Early Legal Representation Matters

The period after charge can shape the direction of the case.

Important decisions may need to be made regarding: 

• Bail conditions 
• Disclosure of evidence 
• Legal strategy 
• Preparation for court 

Professional legal representation can help ensure that the case is handled effectively from the outset. 

A solicitor can help you understand what is happening, what choices you need to make and how best to protect your position.

Speak With a Criminal Defence Solicitor

If you have been charged with a criminal offence, obtaining legal advice as soon as possible is important. 

Criminal proceedings can have serious consequences, and professional representation can make a significant difference to the way a case is handled. 

Our Criminal Defence solicitors can explain the process, advise on the evidence and represent you at court.

Contact our team today to discuss your situation and obtain guidance on the next steps in your case.